Download or read book Discovery in Legal Decision Making written by B. Anderson and published by Springer Science & Business Media. This book was released on 1996-02-29 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with a central problem throughout the legal profession -a solution to the problem is sought and reached in some basic form. At the centre of this prob lematic is the question indicated by the title: "What is the nature of "discovery" in legal decision-making?" In the final chapter that problem and the solution reached will be seen to have ramifications throughout the entire field of legal practice and theory. However, the focus of the argument is maintained first to specify adequately the particular manifestation of the problem in a variety of legal fields and secondly to arrive at a precise basic solution to this range of problems. The presentation of the solution is not dictated by the norms of clarity and coherence, but by the dynam ics of the struggle to reach the solution and by aspects of the problem available to various sub-groups within the legal profession -theorists, judges, arbitrators. So, I begin from a relatively familiar zone, discussions of discovery in legal theory before moving to more unfamiliar territory. This book is not a thorough survey of problems and writings on discovery. Rather, the strategic selection of problems and assessment of solutions across the first four chapters represents four aspects of the problem. Those chapters invite the reader to rise to the sense of occurrence of a single problem in a variety of contexts.
Download or read book Discovery in Legal Decision Making written by B. Anderson and published by Springer Science & Business Media. This book was released on 2013-03-14 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with a central problem throughout the legal profession -a solution to the problem is sought and reached in some basic form. At the centre of this prob lematic is the question indicated by the title: "What is the nature of "discovery" in legal decision-making?" In the final chapter that problem and the solution reached will be seen to have ramifications throughout the entire field of legal practice and theory. However, the focus of the argument is maintained first to specify adequately the particular manifestation of the problem in a variety of legal fields and secondly to arrive at a precise basic solution to this range of problems. The presentation of the solution is not dictated by the norms of clarity and coherence, but by the dynam ics of the struggle to reach the solution and by aspects of the problem available to various sub-groups within the legal profession -theorists, judges, arbitrators. So, I begin from a relatively familiar zone, discussions of discovery in legal theory before moving to more unfamiliar territory. This book is not a thorough survey of problems and writings on discovery. Rather, the strategic selection of problems and assessment of solutions across the first four chapters represents four aspects of the problem. Those chapters invite the reader to rise to the sense of occurrence of a single problem in a variety of contexts.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Discovery in Judicial Decision making written by Donald Bruce Anderson and published by . This book was released on 1992 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Michigan Court Rules written by Kelly Stephen Searl and published by . This book was released on 1922 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book United States Attorneys Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Discovery in Judicial Decision making written by Donald Bruce Anderson and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Discovery Problems and Their Solutions written by Paul W. Grimm and published by American Bar Association. This book was released on 2009 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: This updated and expanded edition describes the problems that litigators encounter most frequently in pretrial discovery and presents suggestions and strategies for solving these problems. Following a discussion on the scope and types of discovery, discovery problems are presented as hypotheticals followed by a discussion that includes the law and helpful practice tips. Particular emphasis has been placed on the interpretation of the new rules, and evolving case law, concerning discovery of electronically stored information.
Download or read book ABA Standards for Criminal Justice written by American Bar Association and published by . This book was released on 1999-01-01 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.
Download or read book Structures of Judicial Decision Making from Legal Formalism to Critical Theory written by Roy Lavon Brooks and published by . This book was released on 2005 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: To order a paperback version of this book, please click here. This is a general book on jurisprudence designed for both the novice and more experienced student, which makes it suitable for first-year law students. It is the first book to distinguish and connect traditional theories of judicial decision-making (e.g., legal formalism, textualism, legal realism, and legal process) with "critical process" (which is critical theory transformed from a theory of legal criticism into a theory of judicial decision-making). Brooks breaks new ground on several other fronts as well -- he employs an innovative framework that divides judicial decision-making models into the "logical method" and the "policy method;" offers a more nuanced conceptualization of judicial policy-formulation in which judges are seen as not only making policy, but also (and more typically) as discovering and vindicating policy; redefines "policy-making" in a manner that is different from our traditional understanding of the term; and synthesizes critical process into three judicial models: symmetrical, asymmetrical, and hybrid. The book is written in two parts. Part 1 (Traditional Process) discusses five major traditional judicial models, each reflective of either the logical method or the policy method. Part 1 ends with a synthesis of the traditional models (dividing them into three categories), which judges who have used the book find to be most useful. Part 2 (Critical Process) begins with a discussion of critical theory's central theme and operating elements and then transforms these features into a theory of outsider-oriented judicial decision making, something judges can actually use in deciding cases. Critical theory is thus transformed into "critical process."
Download or read book Equity and Law written by John C. P. Goldberg and published by Cambridge University Press. This book was released on 2019-08 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.
Download or read book Pretrial Discovery and the Adversary System written by William A. Glaser and published by Russell Sage Foundation. This book was released on 1968-12-31 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents the results of the first national field survey of how lawyers use pretrial discovery in practice. Pretrial discovery is a complex set of rules and practices through which the adversaries in a civil dispute are literally allowed to "discover" the facts and legal arguments their opponents plan to use in the trial, with the purpose of improving the speed and quality of justice by reducing the element of trickery and surprise. Dr. Glaser examines the uses, problems, and advantages of discovery. He concludes that it is in wide use in federal civil cases, but that while the procedure has produced more information in some areas, it has failed to bring other improvements favored by its original authors.
Download or read book Globalization of Discovery written by Lucas V.M. Bento and published by Kluwer Law International B.V.. This book was released on 2019-11-21 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dispute resolution is ultimately a quest for curiosity and discovery. However, many jurisdictions do not afford an adequate level of discovery—the process of obtaining information to prepare for trial. Fortunately, pretrial discovery is firmly entrenched in both state and federal laws in the United States, and international litigants increasingly look to the U.S.’s generous discovery tools, particularly 28 U.S.C. § 1782 (“Section 1782”), which provides an avenue to access information from a person or entity residing or found in the United States for use in a foreign proceeding. This book is the first to provide a comprehensive overview of the law and practice of this globally indispensable statute. The author pursues Section 1782’s interpretation through U.S. federal courts, synthesizes all major decisions in this area of law, notes tensions and conflicts where applicable and provides practitioners and adjudicators worldwide with strategic and practical insights into the opportunities and constraints of Section 1782 applications. Among the questions likely to be asked while considering a Section 1782 application, the author offers detailed answers to the following and more: Under what circumstances can Section 1782 be invoked? What goes into an application? How can a respondent or intervenor challenge it? When is a person “found” in the district, pursuant to Section 1782? Who qualifies as an “interested person?” What is a “foreign or international tribunal?” Can Section 1782 be used in aid of foreign arbitrations? Can it be used before a foreign proceeding is filed? Can discovery be obtained over documents located abroad? How can the discretionary factors defined in Intel—jurisdictional reach, receptivity, circumvention and burden—be satisfied or challenged? What circumstances have led courts to deny Section 1782 applications? The author provides an introduction to U.S. discovery concepts and terminology, with comparison to other tools of international discovery such as the Hague Evidence Convention. In addition to providing extensive analysis of judicial decisions interpreting the Section 1782 statutory test and the Intel factors, the book also surveys and synthesizes additional factors considered by the courts, such as the role of good faith and the importance of timing. With this invaluable book, practitioners will be able to confidently invoke or defend a Section 1782 application in any U.S. District and maximize chances of success. Adjudicators, global law firms, companies doing transnational business and international arbitration practitioners will approach any Section 1782 application with full awareness of applicable rules of procedure, statutory and judicial tests, and best practices.
Download or read book eDiscovery for the Legal Professional written by Christine E. Broucek and published by Aspen Publishing. This book was released on 2023-09-15 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: Designed for today’s student, eDiscovery for the Legal Professional, Second Edition, introduces the basics of electronic discovery. In the current, fast-paced legal environment, legal professionals need to understand how technology influences the practice law, how to communicate this information to their clients, and the most cost-effective discovery tools available. This text offers comprehensive and timely coverage, including historical development of the eDiscovery field; substantive legal precedent and case studies; procedural changes based on the Federal Rules of Civil Procedure; practical application of eDiscovery tools and resources; discussion of changing technology definitions, usage and trends; and ethical considerations for the legal professional when managing electronic discovery and data. New to the Second Edition: Up-to-date coverage of recent judicial decisions. Increased emphasis on the importance of project management techniques that support both internal data governance and eDiscovery processes. Continued exploration of how advancement of technology has created new ways for the law to be practiced and applied. Professors and students will benefit from: Accessible text that explains technical eDiscovery concepts in layman’s terms. Emphasis on the importance of project management techniques that support both internal data governance and eDiscovery processes. Discussion of current Federal Rules of Civil Procedure covering eDiscovery. Effective pedagogy with examples and exercises in every chapter, excerpts from cases and the Federal Rules, helpful lists and summaries, and key points that highlight essential concepts and practical applications. Key topic coverage, including Impact of Electronically Stored Information (ESI) on discovery, Data Management, Case Management, Spoliation, and Ethical Considerations such as competence, confidentiality, and informed consent. A comprehensive glossary to help students with new and unfamiliar vocabulary.
Download or read book December 4 1979 written by United States. Congress. Senate. Committee on Finance. Subcommittee on Private Pension Plans and Employee Fringe Benefits and published by . This book was released on 1980 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Process of Illumination written by Mary Mack and published by Fios Incorporated. This book was released on 2008-06-01 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mack provides a practical view from both the corporate and legal perspectives of discovery response, providing real case examples on what can happen when electronic-discovery is done right or wrong in response to litigation and governmental investigations.
Download or read book Legal Informatics written by Daniel Martin Katz and published by Cambridge University Press. This book was released on 2021-02-18 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt: This cutting-edge volume offers a theoretical and applied introduction to the emerging legal technology and informatics industry.
